Ohio Sues Cleveland-Cliffs and Duck Creek Over Radioactive Waste

The state of Ohio has initiated legal action against Cleveland-Cliffs Inc. and Duck Creek Energy, accusing both companies of mishandling radioactive waste at the Cleveland Works steel mill located on the East Side of Cleveland. Filed on March 15, 2024, the lawsuit highlights concerns over brine, oil, and what the state describes as radioactive materials improperly stored on the property, escalating an ongoing legal dispute that has been developing in local courts for several months.

The complaint, as reported by Crain’s Cleveland, outlines specific allegations regarding the management of waste and equipment at the Cleveland Works site, claiming potential violations of environmental regulations. The lawsuit seeks to hold both the site owner, Cleveland-Cliffs, and the waste management company, Duck Creek, accountable for the alleged mismanagement.

This legal action follows months of tension, during which Duck Creek and a related company filed a suit against Cleveland-Cliffs, contending that the steel manufacturer breached a lease agreement and unlawfully removed their operations. They assert this led to brine and oil seeping into the ground, incurring damages amounting to millions of dollars, according to a report by Bloomberg Law. Cleveland-Cliffs has responded by requesting the court to dismiss these claims.

The issues surrounding Duck Creek and its affiliated companies are particularly pertinent, as they have been involved in processing oil-and-gas produced water into commercial products, such as AquaSalina, a road de-icer. Critics have raised alarms regarding the potential for naturally occurring radioactive materials like radium-226 and radium-228 becoming concentrated in these brines, which can pose long-term environmental risks if not properly managed, as detailed by Canary Media.

Allegations of Environmental Violations

Ohio Attorney General Dave Yost asserts that the companies failed to adequately control and dispose of oil-and-gas waste and related equipment on the Cleveland Works property. This alleged negligence has resulted in contamination and violations of Ohio’s environmental protections. The state positions this lawsuit as an enforcement action aimed at ensuring accountability for cleanup and compliance failures from both the landowner and the waste handler involved.

Cleveland-Cliffs has disputed several aspects of Duck Creek’s earlier allegations and has sought to have that case dismissed, as noted by Bloomberg Law. The conflicting lawsuits create a complex legal landscape, as both parties vie for clarity over control of the site and responsibilities for any necessary remediation.

Implications for Local Communities

The implications of this legal battle extend beyond corporate interests, as local advocates emphasize the long-term risks associated with radium-226. With a half-life of approximately 1,600 years, any contamination left unaddressed could persist for generations. This concern has fueled an ongoing debate in Ohio regarding the labeling, tracking, marketing, and disposal of produced-water brines.

If Ohio prevails in its lawsuit, it may compel Cleveland-Cliffs and Duck Creek to undertake cleanup operations, pay civil penalties, and submit to prolonged oversight. Past federal enforcement actions against Cleveland-Cliffs have resulted in increased compliance measures and financial penalties, illustrating how environmental litigation can lead to extensive remediation obligations. The new lawsuit adds another layer of enforcement that could expedite cleanup efforts at the Cleveland Works site.

This legal action introduces a significant state enforcement effort into an already contentious dispute between private parties, raising broader questions about Ohio’s management of radioactive byproducts from oil-and-gas operations. As court filings, hearings, and rulings unfold, the outcome will hold considerable importance for local industry, state regulators, and the communities surrounding the Cleveland Works mill.